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DOJ files suit against California laws restricting immigration enforcement, prohibiting information-sharing, and requiring detention facility inspections as "sanctuary" laws

  1. Date Announced

    March 6, 2018

    DOJ sues California, US v. California (E.D. Cal.), arguing that three of its state laws violate federal law because they obstruct federal law enforcement, including 8 U.S.C. § 1373. The laws being challenged are SB 54 ("California Values Act"), AB 450 ("Immigrant Worker Protection Act") and AB 103 (re inspection of detention facilities). These laws pertain to information-sharing with federal authorities, inspection of immigration detention facilities, and workplace protections. [ID #308]

    View Policy Document
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  3. Subsequent Action

    July 5, 2018

    District court rejected challenges and upheld all of SB54, AB103, and most of AB450.

    District Court Order
  4. Subsequent Action

    April 18, 2019

    Ninth Circuit affirms district court decision except for one subsection of AB 103—codified at California Government Code section12532(b)(1)(C) [requires examination of the circumstances surrounding the apprehension and transfer of immigration detainees ]—that discriminates against and impermissibly burdens the federal government, and so is unlawful under the doctrine of intergovernmental immunity. The government's petition for certiorari (https://www.justice.gov/brief/file/1213031/download) was denied with two noted dissents, see https://reason.com/2020/06/16/why-did-the-supreme-court-deny-certiorari-in-the-california-sanctuary-city-case-after-13-relists/.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Ninth Circuit opinion
Type of Action: Adjudication
Subject Matter: Interior
Agencies Affected: AG

Prior Policies

  • The California law that DOJ has challenged, AB 450, the Immigrant Worker Protection Act, prohibits employers from allowing immigration enforcement agents to enter nonpublic areas of a worksite without a judicial warrant or to access employee records without a subpoena or judicial warrant, among other obligations.

    California Assembly Bill 450

Subsequent Actions

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